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Patna High Court

Safakkat Alam @ Md Safkat AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to a condition of non‑repetition.

Summary

Safakkat Alam was arrested in connection with the seizure of 121.560 litres of illicit foreign liquor from a vehicle, alleged to be a violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passenger, not the driver or owner, and was unaware of the liquor, also alleging that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the Patna High Court considered the facts, the alleged procedural lapse, and the petitioner’s claim of innocence, and decided to grant regular bail. The court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to the condition that he not commit similar offences in the future.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged involvement in the illicit liquor seizure
  • Whether non‑compliance with Section 105 of the B.N.S.S. by the police affects bail eligibility
  • Whether prior criminal antecedents preclude the grant of bail

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • seizure
  • Section 105
  • prior criminal antecedent
  • regular bail
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21475 of 2026
                     Arising Out of PS. Case No.-222 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Safakkat Alam @ Md Safkat Alam, S/O Hajrat Ali, R/O Village-Girda ward
                 no. 11, Ramganj, PS- Jokihat, District- Araria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rajeev Ranjan, Advocate
                 For the Opposite Party/s :         Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short is that from a

                   vehicle, altogether 121.560 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. He is neither the driver nor

                   the owner of the vehicle. He was just a passenger in that vehicle.

                   He was unaware of the liquor being kept in the vehicle. Nothing

                   has been recovered from his possession. It has further been
             Patna High Court CR. MISC. No.21475 of 2026(2) dt.06-04-2026
                                                         2/2




                       submitted that the witnesses of the seizure list are police

                       personnel. Police has not complied Section 105 of the B.N.S.S.

                       while making the seizure. Petitioner is languishing in judicial

                       custody since 23.02.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and has

                       submitted that petitioner is having criminal antecedent of four

                       cases which is described in para ‘4’ of the bail petition.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Madya Nisedh P.S. Case No. 222 of 2026 on furnishing bail

                       bond of Rs.10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of learned Exclusive Special

                       Judge, Excise-II, Kishanganj with the condition that petitioner

                       shall not indulge himself in similar nature of offences in

                       future.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T


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